Some disputes are best resolved outside the courtroom. Businesses and individuals facing potentially lengthy, expensive disputes are increasingly turning to alternative dispute resolution (ADR) for efficient, confidential, and cost-effective solutions to even their most intractable disputes.
Richards Layton’s trained ADR professionals are highly respected lawyers and judges who resolve disputes with creative solutions, successfully advancing the parties’ business goals beyond those typically available in litigation. Leveraging their vast legal and judicial experience, our arbitrators and mediators achieve effective, durable resolutions in disputes spanning many areas of law, including M&A and corporate governance matters, contractual issues, partnership disputes, trade secrets, patent and other intellectual property matters, commercial transactions, corporate bankruptcy, employment disputes, insurance coverage, trusts and estates, and more.
Judge (ret.) Kent Jordan has experience as a federal prosecutor, a partner in private practice, the general counsel of a corporation with nationwide and international business operations, a U.S. District Judge in the District of Delaware, and a judge on the U.S. Court of Appeals for the Third Circuit, where, in that last role, he served for nearly two decades before joining Richards Layton in February 2025. In addition, he has been a member on the board of directors of non-profit and for-profit entities. With that background, Kent is able to mediate and arbitrate a wide variety of disputes, including intellectual property, antitrust, corporate governance, securities, contract, and business reorganization and bankruptcy matters.
Judge (ret.) Kevin Gross joined the firm after a 14-year term as a judge on the United States Bankruptcy Court for the District of Delaware, including three years as chief judge. He has built a national reputation as a mediator of choice to help resolve complex chapter 11 cases, including plan mediations and other high-stakes mediations. Kevin has mediated many cases pending in the Delaware Bankruptcy Court, District Court, Superior Court, and Court of Chancery. He has also mediated disputes arising outside of Delaware.
Private Arbitrations and Mediations
Richards Layton’s mediators explore creative solutions and the reconciliation of differences by encouraging principled negotiation between disputing parties, guiding them towards mutually beneficial agreements. The firm’s arbitrators handle complex legal disputes—including expedited arbitration pursuant to the Delaware Rapid Arbitration Act, which Richards Layton attorneys were deeply involved in developing—offering reasoned, evidence-based decisions consistent with law and precedent.
Court Arbitrations and Mediations
Delaware’s primary litigation venues—the Court of Chancery for matters in equity and the Superior Court for matters of law—are together widely regarded as the best and most effective business court system in the country. Central to the courts’ effectiveness is the Delaware Uniform Arbitration Act (DUAA), which allows the enforcement of private arbitration agreements and the appointment of arbitrators in the absence of formal arbitration agreements. Richards Layton litigators have participated in Court of Chancery and Superior Court arbitration and mediation proceedings since the DUAA was enacted more than 50 years ago.
The Delaware Bankruptcy Court, recognized as a leading court for complex and diverse business restructurings, frequently uses ADR procedures to resolve disputes ranging from complex chapter 11 issues to preference litigation. Richards Layton bankruptcy attorneys have served successfully and extensively as mediators and as counsel to parties in a wide range of bankruptcy mediations. This depth of experience in the Delaware Bankruptcy Court allows us to provide our clients with exceptional representation in ADR proceedings.
Beyond Delaware
In addition to ADR proceedings in Delaware’s state and federal courts, our lawyers have appeared in proceedings of the American Arbitration Association and the International Chamber of Commerce. We are experienced in formal ADR proceedings and have also conducted negotiation and settlement at every stage of litigation—before, during, and after trial, as well as on appeal.
Former 3rd Circuit Judge Talks Apolitical Retirement, Plans, Threats Against Judiciary
The National Law Journal | April 10, 2025
Retired Judge Kent Jordan joined the prominent Delaware firm Richards, Layton & Finger this year, after serving more than two decades on the federal bench. Last week, the former U.S. Court of Appeals for the Third Circuit judge and George W. Bush appointee spoke with the National Law Journal for a Q&A about his time on…
Delaware Laws & Programs Affecting Business – 2024 Edition
2024
Delaware Laws & Programs Affecting Business presents an introduction to Delaware and an overview of the laws and programs relating to doing business in the state. Our economy is diverse, and our legal framework is intentionally crafted to foster robust business activity. Our widely copied business laws lead the nation in clarity and predictability. Government…
Delaware Laws & Programs Affecting Business – 2020 Edition
2020
Delaware Laws & Programs Affecting Business presents an introduction to Delaware and an overview of the laws and programs relating to doing business in the State. Our economy is diverse, and our legal framework is intentionally crafted to foster robust business activity. Our widely copied business laws lead the nation in clarity and predictability. Government…
Life in the Fast Lane: How Delaware’s Rapid Arbitration Act Can Resolve Licensing Disputes
ABA | March 26, 2020
Intellectual property licenses do not come in one shape and size. Rather, they are often customized based on deliberate decisions of the contracting parties. For example, a patentee may grant a nonexclusive license to commercialize but may restrict the rights granted in another license to research and development activities. Although sublicensing may be permissible, any sublicensee…
The Delaware Rapid Arbitration Act: Considerations for Commercial Real Estate Finance
The Abstract | Fall 2017
On April 2, 2015, Delaware Governor Jack Markell signed into law the Delaware Rapid Arbitration Act (“Act”).This Act allows for alternative dispute resolution consistent with arbitration’s origins as a rapid and efficient means of resolving disputes. The Act responds to growing complaints by Delaware’s companies about the incrustation of costs and delays onto non-judicial dispute resolution.…
The Delaware Rapid Arbitration Act: Four Elements for a Better Arbitration
ABA eReport | May 2016
On April 2, 2015, Delaware Governor Jack Markell signed into law the DelawareRapid Arbitration Act (“Act”). This Act allows for alternative dispute resolutionconsistent with arbitration’s origins as a rapid and efficient means of resolving disputes.The Act responds to growing complaints by Delaware’s companies about theincrustation of costs and delays onto non-judicial dispute resolution. The Act is…
The Practitioner’s Guide to the Delaware Rapid Arbitration Act (2nd edition)
2015
In April 2015, Delaware Governor Jack Markell signed into law one of the most highly specialized arbitration statutes ever passed: the Delaware Rapid Arbitration Act (hereafter the “Act” or the “DRAA”). The Act, a response to the request by Delaware’s corporate citizenry for a modern and useful arbitration statute, is the work of an interdisciplinary team…
Introducing Delaware’s Rapid Arbitration Act
Insights | May 2015
The newly enacted Delaware Rapid ArbitrationAct provides an expedient and efficient method ofresolving disputes. It is worthy of consideration inany commercial arrangement.…
Delaware Adopts Rapid Arbitration Act
April 13, 2015
On April 2, 2015, Delaware Governor Jack Markell signed a highly specialized arbitration statute into law: the Delaware Rapid Arbitration Act.
Mediation in Commercial Bankruptcy
December 10, 2014
This first-time seminar with the bankruptcy judges of the District of Delaware brought together many experienced practitioners and mediators from Delaware and around the country to discuss the ever-growing breadth of mediation in commercial bankruptcy. The seminar investigated the origins and growth of alternative dispute resolution in Delawarecommercial bankruptcy practice, as well as practical considerations and…